SRC-MKV, TBR S.B. 184 77(R)BILL ANALYSIS Senate Research CenterS.B. 184 By: Zaffirini Health and Human Services 5/22/2001 Enrolled DIGEST AND PURPOSE S.B. 184 clarifies that the Texas Department of Human Services (DHS) may require a person to personally appear to establish initial or periodic eligibility requirements if it is necessary to protect the integrity of the food stamp program or to prevent an adverse determination that would be less likely to occur if the person appeared personally. S.B. 184 also allows a person to elect to appear in person and requires DHS to adopt rules to exercise the federal option that allows households that are eligible for non-cash or in-kind benefits under Temporary Assistance for Needy Families programs to be categorically eligible for food stamps. RULEMAKING AUTHORITY Rulemaking authority is expressly granted to the Texas Department of Human Services in SECTION 2 of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Chapter 33, Human Resources Code, by adding Section 33.015, as follows: Sec. 33.015. INITIAL ESTABLISHMENT AND RECERTIFICATION OF ELIGIBILITY FOR CERTAIN PERSONS. (a) Requires the Texas Department of Human Services (department), in administering the food stamp program, to, except as provided by Subsection (c), allow a person to comply with initial eligibility requirements, including any initial interview, and with subsequent periodic eligibility recertification requirements by telephone instead of through a personal appearance at department offices under certain conditions. (b) Provides that for the purposes of Subsection (a)(2), a hardship includes a situation in which a person is prevented from personally appearing at department offices because the person is subject to a work or training schedule; subject to transportation difficulties; subject to other difficulties arising from the person's residency in a rural area; subject to prolonged severe weather; ill; or needed to care for a member of the person's household. (c) Authorizes the department to require a person described by Subsection (a) to personally appear at the department offices to establish initial eligibility or to comply with periodic eligibility recertification requirements if the department considers a personal appearance necessary to protect the integrity of the food stamp program or to prevent an adverse determination regarding the person's eligibility that would be less likely to occur if the person made a personal appearance. (d) Authorizes a person described by Subsection (a) to elect to personally appear at the department offices to establish initial eligibility or to comply with periodic eligibility recertification requirements. (e) Requires the department to require a person exempted under this section from making a personal appearance at department offices to provide verification of the person's entitlement to the exemption on initial eligibility certification and on each subsequent periodic eligibility recertification. Requires the department, if the person does not provide verification and the department considers the verification necessary to protect the integrity of the food stamp program, to initiate a fraud referral to the department's office of inspector general. SECTION 2. Requires the department, as soon as practicable after the effective date of this Act, to adopt rules necessary for this state to exercise the federal option described by 7 CFR Part 273.2(j) under which households that are eligible for non-cash or in-kind benefits under the Temporary Assistance for Needy Families program administered under Chapter 31, Human Resources Code, are considered categorically eligible for food stamps. Requires the department, in adopting rules, to designate the specific non-cash or in-kind benefit that will result in categorical eligibility for food stamps and establish resource limits governing categorical eligibility for food stamps. SECTION 3. Requires a state agency affected by a provision of this Act to request a waiver or authorization and authorizes the agency to delay implementing that provision until the waiver or authorization is granted, if the agency determines before implementing any provision of this Act that a waiver or authorization from a federal agency is necessary. Provides that if a state agency requests a waiver or authorization in connection with implementation of Section 33.015(e), Human Resources Code, as added by this Act, and a federal agency denies that request, the denial does not prohibit the state agency from implementing the other provisions of Section 33.015, Human Resources Code, as added by this Act. SECTION 4. Effective date: September 1, 2001. Makes application of this Act prospective.